Special Marriage Act, 1954, Section 25 -- Annulment of marriage - Consent obtained by fraud - Petition by wife - Marriage between parties was registered and wife went to office of Registrar and signed the papers - Wife was adult and graduate at the time of marriage - It cannot be believed that wife was deceived by husband under pretext of providing job - There was thus, no..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Two complaints u/s 138 of N.I Act - Parties are same in both the cases - Both complaint cases were decided on same day - Sentence qua imprisonment in both complaints in question to run concurrently - However, sentence required to be undergone by accused in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence i.e notification issued under Land Acquisition Act, were relevant and also necessary for deciding rights of parties involved in suit - These documents did not require any proof being public documents in nature - Moreover,..........
Registration Act, 1908, Section 17 -- Registration - Compromise decree - Decree recognising pre-existing rights of parties in an immovable property is not required to be registered...........
Hindu Marriage Act, 1955, Section 12, 5 -- Voidable marriage - Age of husband was less than 21 years on the date of marriage and he was not of marriageable age - Wife on the other hand is major - Marriage between parties is not null and void - At the most marriage would be a voidable marriage as per S.12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Divorce subsequent to filing of complaint under the Act - Wife remarried - As there are allegations of domestic violence against husband which can only be decided after parties lead evidence - Complaint filed by wife, cannot be quashed, even though wife allegedly remarried subsequently...........
Guardians and Wards Act, 1890, Section 7 -- Custody of major children - Claimed by father - Provisions of Act are applicable only to minor children - No Court can compel sons and daughters who have attained majority to go with their father - Though father insisted that under Muslim Personal Law, to which parties belong, he is entitled to custody of major daughters also,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Clause 19 of contract clearly stated that no escalation is permissible to contractor for increase in wages of labour due to statutory hike during execution of contract - Since respondent voluntarily agreed before accepting contract, any departure cannot be allowed - Even..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Pleading by wife in written statement that she be awarded permanent alimony can be treated as an application filed for permanent alimony - But since substantive mandate of law as per S.25 of the Act has not been followed by Family Court, as no discussion of income of parties and properties if any held by them, no,..........
Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 37, 38, 41(a), 41(b) -- Anti-Suit injunction - Restraining wife from pursuing divorce petition before Court in USA - Husband filed a divorce petition in India - Both the parties are permanent citizens of USA - No prejudice caused to husband if proceedings are allowed to be continued in Court at USA,..........
